The U.S. Department of Labor, Wage and Hour Division recently issued an interpretation letter (No. 2010-3) providing an explanation of the Department's position regarding the definition of "son or daughter" under the Family and Medical Leave Act (FMLA). The Department concluded that the term "In Loco Parentis" found in the language of the FMLA statute itself can include an adult with no legal or biological relationship to a child, when that adult provides either day-to-day care, responsibilities, or financial support. As a result, such a person may be entitled to up to 12 weeks of FMLA leave from their employer. Relying significantly on the language of the FMLA, Congress' intent in enacting the statute, and relevant case law, the Department determined that the "son or daughter" designation is broad enough to include a variety of minors and incapacitated adult children.
On July 19, 2009, the Daily Journal published an analysis of the Interpretation letter written by San Diego Associate Brandon Saxon.